Product liability refers to an area of law that involves an injury as a result of the use of a product. When someone uses any kind of product that turns out to be defective and becomes injured because of it, that person can file a lawsuit against those who made the product.
Those who are liable or responsible for the injury would be the defendants in the lawsuit brought by the injured party. The responsible parties could be the manufacturer of the product and/or the manufacturer of parts that make up the product. Responsible parties could also include the store where the product was purchased or the wholesaler/distributor/supplier of the product. All of these potential responsible parties may be named in a product liability lawsuit.
A very high profile product liability case has been in the news regarding Toyota cars and defective accelerator and brake pedals. In Toyota’s case, the cars with the defect were recalled so that no one else could buy them and become injured as a result. This is common with widely distributed products that are found to be defective in some way. According to the U.S. Consumer Product Safety Commission, 200-300 products are recalled every year. The majority of these product recalls are children’s toys, clothes, etc.
A product’s defect may be a result of the design, the manufacturing, or even the marketing of a product. In the case of a design defect, it exists from the very beginning before the products were made in the factory. Manufacturing defects take place when the products are actually being produced. In that case, only some of the products may contain the defect, while a design defect will affect every one of the products that was released from the factory.
What about marketing defects? This occurs when a company fails to give consumers the proper instructions or warn them about the fact that the product could be dangerous if used in a certain way. This, of course, is the most difficult type of product liability case to prove.
Product liability cases are usually considered “strict liability.” This means that if the product is indeed found to be defective, the company that made the product is 100% liable for all injuries as a result of that defect. There are no degrees based on how hard they might have tried to avoid making a defective product. Manufacturers are required to make every effort to prevent these defects, and even suppliers and store owners are expected to exercise care in choosing the products they sell.
Do You Have a Product Liability Case?
If you believe you were injured as a result of a defective product, you will need a lawyer to handle your lawsuit. These cases can be very complicated and require an attorney experienced in product liability suits. Your attorney may determine that you have a good case against the maker or supplier of a defective product based on one of the following:
Negligence. This refers to a manufacturer’s failure to create a product that is safe. It may have occurred during the production of the product or earlier during the design of the product.
Breach of warranty. This refers to a company that fails to stick to its promises or claims related to a product it sells. If this failure causes injury to someone, that person may have a product liability case against the company.
Misrepresentation. This is where the marketing comes in. If the seller promotes the product in advertising or packaging in such a way that consumers are unaware of the dangers of using the product, the seller may be held liable for any injuries that result. In some cases, the seller is negligent in representing the product’s dangers, while in other cases, the seller intentionally misleads the consumer in the hope that more products will be purchased.
Makers of a product are expected to inspect and test their products throughout production, and they are expected to choose safe materials to construct their products. They are also expected to warn consumers appropriately if a product might be dangerous in some way that isn’t obvious. For example, if a portion of a product becomes hot, the maker needs to warn the consumer not to touch that area when the product is in use. Otherwise, the consumer could suffer a burn. This is why you often see warnings on products, product instructions, or packaging that may seem obvious to you, such as the warning to not put an electrical appliance in water. The manufacturers are trying to avoid injuries and the resulting lawsuits.
If a consumer uses a product inappropriately, however, and that misuse results in an injury, the manufacturer will not be liable for the injury. For example, if someone is injured while taking apart electrical equipment that is supposed to remain intact, the manufacturer cannot be held responsible for this. Another example of this is someone who drinks a product that has a label which clearly states that it shouldn’t be ingested. Of course, children’s products need to be extremely safe because children may inadvertently misuse a product.
A legal term called “causation” comes into play in product liability cases and can be very complicated. In order for you to obtain a settlement from a product manufacturer for your injuries, you must be able to prove that your injuries were caused by a defect in or of the product. Sometimes, the defect may be only partially responsible for your injuries or may have been an indirect cause of your injuries. If there was more than one cause of your injuries, it must be determined how much the product’s defect is responsible. Most importantly, it is your lawyer’s responsibility to prove that the product was defective when you purchased it.
Sometimes, a product liability case may involve lots of injured people. These are often called “class action” suits, and the plaintiffs are the many people who have been injured as a result of the defective product. Product liability claims may also include exposure to toxic chemicals or substances, such as asbestos.
Product liability laws are not nationwide but vary from state to state, and these laws can affect your lawsuit. They may restrict the amount of money you can receive in your settlement, as well as the amount of time you have to file a lawsuit after the injury has occurred. This is called the “statute of limitations,” so lawsuits should be filed as soon as possible to make sure that you don’t wait beyond the time the law allows.
